Cohabitation reform 2026: what unmarried couples need to know now
Modern relationships, outdated laws?
Cohabiting couples represent the fastest-growing family type in the UK, with the number of cohabiting couples rising from 5.5 million in 2014 to 6.5 million in 2024 (per ONS statistics). With the Government expected to launch a consultation on cohabitation law reform in Spring 2026, now is a crucial moment for cohabiting couples to understand the current law and what potential reform may look like.
Our current legal framework remains rooted in the assumption that long-term relationships are only formalised through marriage – and provides protections accordingly. Couples who live together without marrying have no automatic rights if the relationship ends through separation or one partner dies (unless they co-own property together or have made a will naming their partner as a beneficiary). The myth of “common law marriage” persists, but the reality is that no matter how long a couple has lived together, cohabitants have no legal status and are financially vulnerable.
Living together, unprotected: the legal gaps putting cohabitants at risk
The absence of legal protections for cohabiting couples can expose families to real financial risk. When a cohabiting relationship breaks down, the court does not have the same powers as it does for married couples. Judges cannot step in to redistribute property based on fairness or need; instead, cohabitants are left navigating a far narrower and more complicated legal framework.
Where a dispute arises about property rights and ownership, the only route is through complex trusts and property law claims. These cases are notoriously technical, expensive to pursue, and unpredictable in outcome. Yet in a market where London property values are so high, even a small percentage share in a property can be worth fighting over. This means that many separating cohabitants face protracted litigation at precisely the moment they are least equipped to deal with it.
For cohabiting couples with children, a parent can apply to the Child Maintenance Service for child maintenance, and in certain circumstances may seek housing provision, child maintenance or lump sums to meet a child’s needs, under Schedule 1 of the Children Act 1989. However, any provision is primarily for the child’s benefit and rarely provides long‑term security for the caregiving parent. In many cases, a home is made available only until the youngest child turns 18 or finishes full‑time education, at which point the property reverts to the other parent. This can leave the resident parent homeless just as they are starting to rebuild their earning capacity and take steps towards financial independence.
What might cohabitation reform look like?
The public consultation expected in Spring 2026 will play a pivotal role in shaping what rights and responsibilities cohabiting couples will have when relationships end through separation (or when one partner dies).
Reform does not necessarily mean giving cohabitants the same rights as married couples. Under this “assimilation” model – used in countries like New Zealand and Australia – cohabitants are effectively placed on the same legal footing as spouses once they meet a statutory definition of cohabitation, based on factors to do with permanence and commitment.
A distinct scheme for cohabitants is more likely to be under consideration, probably with rights arising after a qualifying period of living together and potentially focused on addressing economic disadvantage arising from the relationship. Such a scheme would be more limited in scope than the financial remedies available on divorce. Possible awards might include contributions to childcare costs to enable a child’s primary carer to work, or short-term maintenance to help the financially weaker party achieve financial independence.
This “difference” model – which already operates in Scotland and Ireland – depends on clearly defining who qualifies as a cohabitant. Laws in these countries set out eligibility criteria, such as minimum periods of living together. In Ireland, for example, the threshold is two years for couples with children and five years otherwise. Definitions such as Ireland’s reference to “an intimate and committed relationship” have proved workable, though some anticipate that formulating a precise definition will prove challenging. Additional criteria to make a claim may be required, such as financial dependency (as in Ireland) or proof of economic advantage and disadvantage arising from contributions made to the relationship, including looking after children (as in Scotland).
Another key question is how much autonomy couples should have in deciding financial outcomes on separation. Should cohabitants be required to “opt in” to any new regime by formally registering their relationship – and so miss out on claims if they don’t? Or should everyone be covered by any new laws by default unless they “opt out” – for example, through a cohabitation agreement? And if an “opt out” regime is settled on, how easy should it be to opt out? Policymakers have not yet indicated which way they will lean, but the choice will shape how widely the reforms apply and how much flexibility couples retain.
Be prepared: pre‑nups and cohabitation agreements
Against this backdrop of unknown but anticipated reform, many couples are taking steps to introduce greater certainty into their personal arrangements. There is a noticeable increase in couples entering into cohabitation agreements, which allow them to set out their intentions around property ownership, financial contributions and what should happen if they separate. Cohabitation agreements offer a bespoke solution at a time when the shape of any new statutory framework remains unknown – and may ultimately fail to reflect a couple’s preferences.
Alongside this, cohabitation reform is likely to sharpen focus on pre‑nuptial agreements. For couples already considering marriage, a pre-nuptial agreement can serve as a powerful tool for “locking in” clarity and certainty. This is particularly significant given the direction of travel towards greater recognition of nuptial agreements more generally, and the expectation that reform in this area is on the horizon.
What should HNW individuals be doing now?
While the precise shape of future cohabitation reform remains uncertain, and the timing of any reform unknown, high‑net‑worth individuals can take steps now to increase long‑term clarity. Acting now – before a new legal framework is introduced – will be more effective than reactive planning once reform is implemented and gives couples the opportunity to have open, constructive conversations about their financial intentions for the future.
- Review existing cohabitation agreements
Revisit and review any existing cohabitation agreement to ensure it remains fit for purpose and accurately reflects your intentions about property ownership. Any new law is likely to emphasise fairness and meeting needs, especially during a child’s minority. - Consider a cohabitation agreement or nuptial agreement
Whether you’re thinking about moving in together, already sharing a home, planning a wedding, or are already married, taking the time to set out your financial intentions can be one of the most positive steps you take as a couple. A well-crafted cohabitation or nuptial agreement can provide welcome clarity – particularly where there is an imbalance of wealth, or there are inherited assets, business interests or complex structures requiring careful protection. If your partner or fiancé(e) suggests a cohabitation or nuptial agreement, it’s important to know this isn’t simply about protecting one person’s wealth. At its heart, an agreement is about autonomy and allows partners to have financial transparency and to decide for themselves what feels like a fair financial outcome. Many couples find the process strengthens communication by encouraging open, honest conversations about expectations and priorities. For more information about the benefits of signing a nuptial agreement, see here. - Revisit wills, trusts and letters of wishes
Estate planning documents should be reviewed to ensure they align with your current relationship status, intentions and family circumstances, and to assess how cohabitation reform may affect succession plans. - Review current and future property ownership structures
How property is acquired, held and funded, whether personally, jointly, or through trusts or corporate vehicles, should be considered carefully, particularly where a partner is contributing to its value financially or through non-financial support that increases value. - Assess international and cross‑border risks
Individuals with global assets or international family ties should seek advice on how different countries treat cohabitation, succession and relationship breakdown. The interaction between English reform and overseas regimes may create unexpected risks – or opportunities – requiring early strategic advice. - Encourage open communication with partners and families
Clear, early discussions about expectations, both within the relationship and across the wider family, can reduce the scope for misunderstandings and disputes, and support more effective long‑term wealth planning.
Taken together, these steps enable individuals and families to order their affairs and minimise uncertainty during what may be a significant period of legal transition.
Specialist advice is key
As the legal landscape shifts, specialist advice is essential. Anticipating change, rather than reacting to disagreements once they arise, gives individuals and families the best chance of preserving clarity, autonomy and stability. Effective planning in this space requires an integrated, cross‑disciplinary strategy.
Cohabitation reform cuts across family law, private wealth, tax, property and succession planning. Navigating that complexity requires advisors who understand how these pieces fit together. Firms with broad private wealth capability are uniquely placed to deliver the joined‑up guidance needed to ensure that relationship planning aligns with asset‑holding structures and long‑term family objectives. Thoughtful preparation today means stronger protection, more empowered decision‑making, and a future shaped by the couple’s own intentions.
At Forsters, our specialists bring together deep technical expertise and a sophisticated understanding of complex family and wealth dynamics. We are uniquely placed to guide you through this period of change, and to help secure financial clarity for you and those who matter most. Click here to read more.
